Ciarán Cannon (Galway East, Fine Gael)

I am taking the Adjournment debate on behalf of my colleague, Deputy James Reilly, Minister for Health. I thank the Senator for giving me an opportunity to outline to the House the steps being taken to address this important matter.

As the Deputy is aware the programme for Government commits to seeking "a mechanism to compensate those women who were excluded on age grounds alone from the Lourdes hospital redress scheme." The Minister is conscious of the distress that has been caused to a number of women and recognises the difficulty that the issue has caused to those affected by it. The Government is committed to dealing with the matter sensitively so that, if at all possible, closure can be brought to those affected.

The Lourdes hospital redress scheme was established following the findings and recommendations contained in the report of the Lourdes hospital inquiry into peripartum hysterectomy which was published in 2006. The inquiry was conducted by Ms Justice Maureen Harding Clark. The inquiry did not extend to a wider examination of Dr. Neary's general practice or the clinical practice of his colleagues. During the inquiry, Ms Justice Harding Clark became aware of certain patients who underwent bilateral oophorectomy procedures, or the removal of their ovaries, which were not clinically necessary. These women lost their ability to reproduce and suffered immediate surgical menopause.

The scheme of redress approved by the Government was a non-statutory, ex-gratia scheme. Awards were determined in 2007 and 2008 by an independent redress board chaired by Ms Justice Harding Clark. The objective of the scheme was to provide compensation to the patients of Dr. Michael Neary who received unnecessary obstetric hysterectomies, that is, hysterectomies carried out in association with pregnancy, and also women under 40 years of age who received unnecessary bilateral oophorectomies. The Department of Health has been engaged in a review aimed at finding a mechanism to compensate those women who were excluded from the original redress scheme on age grounds alone. The review involves taking legal and other advice, including from the Office of the Attorney General, on this sensitive issue and departmental officials have engaged with the Attorney General's office. The Minister is aware of the recent media reports in respect of High Court litigation where sums have been awarded to plaintiffs against the congregation of the Medical Missionaries of Mary for incidents that occurred prior to the State taking over the hospital. In this context, he also understands that litigation is before the courts in respect of two plaintiffs who were patients of Dr. Neary.

My colleague, the Minister, would like to assure the Senator that he is committed to finding a mechanism as soon as possible and that he intends to bring proposals to Government for its consideration of the matter at the earliest opportunity. The Senator can rest assure that the Minister and his Department are aware of the sensitivities associated with the issue and understand the importance of finding a solution that will bring closure for all concerned.